Page:上海市第二中级人民法院刑事判决书 阮晓寰 2.jpg

 On 10 May 2021, the Defendant was apprehended at his residence by public security officers, with the computer he signed in to and was using seized on-site. Upon apprehension, the Defendant confessed without reservation to the aforesaid criminal facts.

To substantiate the aforesaid factual charges, the Prosecution has proclaimed and presented pertinent evidence in court, including the confession of the Defendant, in which the Prosecution holds that, by ways of fabrication, libel, smearing, and such, the Defendant has incited the subversion of the state power and the overthrow of the socialist system; the crime he committed is grave, his acts have thus violated the provisions set out in Paragraph 2 of Article 105 of The Criminal Law of the People’s Republic of China, and therefore, he shall be held criminally responsible for the crime of inciting subversion of state power. The Defendant has truthfully confessed to the crime upon apprehension, for which a lighter punishment may be given, and the Prosecution, thereby, pleads for a judgement according to law.

The Defendant holds no objection to the basic facts and the name of the offence charged in the Indictment, only arguing that the purpose of his writing those politically-related essays was that he wanted to make the country a better place, and the number of the essays he posted of an inciting and subversive nature is less than one hundred (100).

The defence counsel holds no objection to the facts and the name of the offence charged in the Indictment. Meanwhile, the defence counsel raises that the ideological mindset of the Defendant had already changed prior to the detection of the case to be less radical than it initially was, and the number of essays of an inciting and subversive nature requires further verification. And given that the Defendant has truthfully confessed to the criminal facts upon apprehension, pleaded guilty and expressed remorse, the defence counsel, therefore, pleads that a lighter punishment be given to the Defendant.

The Court, upon trial of this case, ascertains that, beginning from June 2009, out of the discontent towards the political system and social governance patterns of our country, the Defendant, by using the computer, composed over one hundred (100) seditious essays of rumours and libel, attacked and smeared the current political system of our country, incited subversion of the state power, and attempted to overthrow the socialist system. He then posted these essays on a web platform overseas, driving a significant number of internet users to browse, leave comments, and repost, and causing other vile consequences of such.

On 10 May 2021, the Defendant was apprehended at his residence by public security officers, with the computer he signed in to and was using seized on-site. Upon apprehension, the Defendant truthfully confessed to the main criminal facts stated above. · 2 ·